IN THE CASE OF:
BOARD DATE: 2 August 2012
DOCKET NUMBER: AR20120002053
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, his separation code and reentry eligibility (RE) code be changed.
2. The applicant states:
a. he was influenced by his recruiter and he is trying to reenlist.
b. his recruiter influenced him not to speak about his situation. His recruiter was the only connection to the Army and if he didn't listen to him he would never be able to join the Army. While he was in the delayed entry program (DEP) he received a DUI (driving under the influence) and was placed on probation.
c. he immediately notified his recruiter and the recruiter's commanding officer and they both told him not to say anything about his DUI at the Military Entrance Processing Station (MEPS) because he was already a Soldier and it would delay the process and make them lose their good standing reputations. The recruiter's commanding officer spoke with his probation officer. Once he got to basic training he learned the meaning of honor and integrity. His drill sergeant gave an amnesty session/meeting and said they were conducting background checks and it would be best to let him know if anyone was hiding anything. He took his chance and told the drill sergeant everything. He did not want to ruin his recruiter's career so he said he never told anyone about his situation. When he got back to his barracks he phoned his recruiter and told him what was going on and the recruiter told him if anyone found out he would "hunt" him down.
d. he was discharged for fraudulent enlistment and he was told after his probation and a 6-month waiting period he could return. He has been to every recruiting office in his city and no recruiter will enlist him because of his separation code.
3. The applicant provides:
* Discharge orders
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) on 1 September 2010 for a period of 8 years under the DEP.
2. He received a DUI on 3 October 2010 and was placed on probation.
3. On 9 February 2011, he was discharged from the USAR DEP and he enlisted in the Regular Army on 10 February 2011 for a period of 3 years and 18 weeks.
4. On 22 February 2011, discharge proceedings were initiated under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 7, section V, for fraudulent entry. The unit commander based his recommendation for separation on the following:
* He was on probation for a DUI that he received while in the DEP
* He made the decision not to notify his recruiter or servicing MEPS of this issue and thus he was allowed to enlist on fraudulent grounds
5. On 7 March 2011, the separation authority approved the recommendation for separation and directed the applicant receive an Uncharacterized Discharge Certificate.
6. He was discharged on 10 March 2011 under the provisions of Army Regulation 635-200, chapter 7, section V, for fraudulent entry.
7. His DD Form 214 shows in:
* Item 25 (Separation Authority) the entry "AR [Army Regulation] 635-200, CHAP (chapter) 7, SEC (section) V"
* Item 26 (Separation Code) the entry "JDA"
* Item 27 (Reentry Code) the entry "3"
* Item 28 (Narrative Reason for Separation) the entry "FRAUDULENT ENTRY
8. Army Regulation 635-5-1 (Separation Program Designator Codes (SPD)) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD code to be used for these stated reasons. The regulation states the reason for discharge based on SPD code JDA is Fraudulent Entry and the regulatory authority is Army Regulation 635-200, chapter 7, section V.
9. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge. Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army and the U.S. Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes:
* RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable
* RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated
10. The SPD Code/Reentry Code Cross Reference Table, dated 15 June 2006, shows that when the SPD code is "JDA" an RE code of 3 will be given.
DISCUSSION AND CONCLUSIONS:
1. The separation code and RE code used in the applicant's case are correct and were applied in accordance with the applicable regulations. Therefore, there is no basis for granting the applicant's request to change his separation code or RE code.
2. The applicant's current RE code is a waivable code. Therefore, the applicant may still apply for service in the Armed Forces and request the appropriate waiver, although it is recognized that in todays drawdown period enlistment might be difficult.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X ___ ___X____ ___X ___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
__________X_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20120002053
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